UNBELIEVABLE... THIS REALLY SUCKS

[Lucifer_Spades]

hopefully the more people see it the more chance of something getting done

I appreciate you're trying to help, but spreading it about the net willy-nilly is just going to mean more people see it.

The way to get something done is for someone to actually do it. A complaint to the Sale police would be a good place to start.

Actually if you have already made a complaint and then ask others to complain as well things are more likely to get done faster as it will be harder for it to get put on the back burner.

[shingleback aus]

and then if heaps of people see it , it might go on the news and then he'll get whats coming to him.

[Phantom]

This is the kinda thing that solidifies my hatred for people. "DUDE, lets launch this thing in the air and kill it, IT'LL BE HILARIOUS" People killing innocent creatures for laughs. This is why I can't go into a store without the owner watching me with eagle eyes, because teenagers are ___holes. I honestly don't think that anyone else is going to think this is a big deal (the authorites and such). They'll think its a case of "Oh, boys will be boys". I SURE hope it's not but thats what it sounds like. I'd like to go over there and beat the #$%^ out of them. ARGH.

[Teacher]

Absolutely horrible!

Here I am, (and the person who just rescued those 2 skinks - and many others of you out there), trying so hard to keep my Skink healthy, bathing him in warm water and gently caring form his little sore eyes, and some sicko shows such disregard for that poor harmless creature. I can't wait to hear the news that they've been caught and prosecuted.

I've watched the sickening video, and don't wish to relive it again. Does anyone think in might be possible that the skink was already dead? It seemed so still before the freak hit the board.

[blueyophile]

The Victorian police (or any other functional police force) don't get to decide what's a "big deal" or not. That's the job of the Victorian parliament, that passes the laws. The cops' job, and their duty, is to enforce that legislation when a breach has been brought to their notice.

At the very least, it appears the act of animal cruelty we are discussing breaches the Wildlife Act (Victoria) 1975, in particular Section 58:

Wildlife Act 1975 - SECT 58
Molesting protected wildlife during close season

58. Molesting protected wildlife during close season



(1) Any person who-





(a) wilfully molests or injures protected wildlife or wilfully causes
protected wildlife to be molested or injured;

(b) wilfully disturbs, chases or herds protected wildlife or wilfully
causes protected wildlife to be disturbed, chased or herded;



(c) wilfully separates protected wildlife from its young or causes it to
be so separated-

shall be guilty of an offence against this Act. Penalty: 20 penalty units.

(2) Subsection (1) does not apply to any person acting in accordance with a
licence or authorisation issued under this Act.

The Bluetongue skink, like nearly all wild native fauna, is covered under the definition of "protected wildlife":

Wildlife Act 1975 - SECT 3
PART I PRELIMINARY

Definitions

3. Definitions

[...]

protected wildlife means all wildlife other than those kinds or taxon which-

(i) is a pest animal within the meaning of the
Catchment and Land Protection Act 1994; or

(ii) the Governor in Council from time to time by Order published in the
Government Gazette declares to be unprotected wildlife; or

(iii) are specified by Order of the Governor in Council published in the
Government Gazette pursuant to section 7A;

If the above is brought to the attention of the Sale police by a member of the public residing in the state of Victoria, they are obligated to investigate, and report back to the complainent within reasonable time. If they do not, then the matter can be raised with, for example, the Ombudsman's Office of Victoria, to determine why the Victorian police are not acting on a complaint.

I hope I'm making my point fairly clear by now. The most likely way to get an effective response to this is to have someone in Victoria make an official complaint to the Sale police, alerting them to the fact that there appears to be a fairly clearcut breach of the Wildlife Act 1975, and possibly other relevant laws, and there is ample evidence to enable the perpetrator(s) to be identified and police action to be taken.

Given that the perpetrators are minors, then an official police caution, or similar, might be the response. But even that's a result, particularly if the parents of the kids involved are possibly rudely woken up to what's been going on.

[thesilverbeast]

Does it have to be someone in Sale specifically?



Im in victoria but not near sale. im willing to ring up the local police and im assuming they will still pass on the matter, after all if i murdered somebody in sydney, the police in melbourne would still be able to arrest me!

[Blotch]

jeeze people - relax a bit, A few of us have reported it to the appropriate authorities and we'll see what happens. I know I will be notified as to what's happening, so just relax a tad.

Also, even though I think the video is disgraceful, why no-one has questioned why the bluey is sitting perfectly still on the wood amazes me. The bluey could already be dead. Either way, it doesn't set a good example, and people putting this type of stuff on the net is rediculous, as it gives other kids stupid ideas. Even if it was dead, when the authorities catch up with the kids, I'm sure the fact that they have originally said it's alive and they are killing it is gonna work against them.

[Fatal_S]

I can get my guys to sit pretty still, especially if they're not totally warmed up. If they move, I put them back until they give up and sit for a bit.

[thesilverbeast]

theyre pets though fatal wild ones are pretty fiesty at times.



blotch, could it have been an exceptionally cold day? or maybe just a calm temperment bluey.


or that might not have been the first time they did it to the poor animal but now thats just speculation.

[Blotch]

All these points are true - it could've been an exceptionally cold day - but why were the kids wearing shorts? It could've been a calm bluey - but it's a wild one - More often than not - they run.

I put my Easterns (which were very used to humans) outside as you all know. They see me they run! If this bluey was wild and Alive - it's exceptional - They just don't sit still like that very often.

It might not have been the first time they have done it to the poor thing, but I still think it's unlikely that a wild one would sit that still for that long. Who knows - I could be wrong and it could be a super calm wild one, either way - what was done is not right - even if it was dead before the catapulting.

FATAL - As Beast said - it's a wild bluey - yours arent. You can't really compare a bluey housed indoors to one housed Outdoors. It's totally different. Not even in the same ball park.

[Fatal_S]

Ya, I realize that. I mean even my pet tanny Trikks is a huge hassle to keep still. Unfortunately I haven't been able to see wild ones Yet. I was more thinking that it was possibly used to humans.

[thesilverbeast]

All these points are true - it could've been an exceptionally cold day - but why were the kids wearing shorts? It could've been a calm bluey - but it's a wild one - More often than not - they run.

i agree with everything you said but these points can still be likely.


take me for example, i don't feel the cold at all and i overheat at like 25 degrees. as a result i don't own a pair of pants and only shorts as i've never needed pants they might be similar? ALTHOUGH it does look sunny in that video if i remember correctly (but sale is really cold i think ?)


and yeah, more often than not the bluey would run, but more often than not kids wouldn't do this. i suppose it could have been stunned by the kids earlier trying to catch it? (like... "theres a bluey! quick, its getting away, hit it with a rock or kick it to slow it down")


and yes, either way its wrong morally but wrong illegally too because as you would know blotch (this is mainly for those who aren't familiar with vic wildlife laws) its illegal to even touch a protected animal being dead or alive so to treat one in this way would sure be classified as disturbing the animal even if it was dead and hence it would be breaking the law.



EDIT to add:

Unfortunately I haven't been able to see wild ones Yet. I was more thinking that it was possibly used to humans.

I wish i saw them more in the wild too! i rarely see them and they're around this area! I've only really seen 3 or 4 wild but i live in suburbia.

[Scotts1au]

I recieved an email back from the school that the kids attend today. They have identified the kids and they assure me that action will be taken. Not quite sure what that means.

And yes I have been contacted by the RSPCA Inspectorate Office who confirmed they are investigating. I wasn't at work today and was expecting a response from DSE Wildlife Branch.

I'm not sure we'll ever find out the eventual outcome.

Scott

[blueyophile]

jeeze people - relax a bit, A few of us have reported it to the appropriate authorities and we'll see what happens. I know I will be notified as to what's happening, so just relax a tad.

I think you've missed the point. If it hasn't been reported to the Victorian police, then the relevant authorities have not been notified.

Note that the RSPCA is not an "authority" -- it is a non-profit, private charitable organisation that has no policing powers. If the RSPCA wants to get a law enforcement order, they rely on the police and the courts like everyone else.

Even government department such as National Parks and Wildlife have very limited policing powers -- usually limited to to ranger activity in National Parks etc.

In short, you can tell it to the RSPCA, a government dept, your local member, your teacher, your priest or your mother -- but until it gets reported to the police, there can be no law enforcement.

Also, even though I think the video is disgraceful, why no-one has questioned why the bluey is sitting perfectly still on the wood amazes me. The bluey could already be dead. Either way, it doesn't set a good example, and people putting this type of stuff on the net is rediculous, as it gives other kids stupid ideas. Even if it was dead, when the authorities catch up with the kids, I'm sure the fact that they have originally said it's alive and they are killing it is gonna work against them.

If the lizard is already dead by the time they had started shooting the video, is it because the kids had already killed it before they thought to make a video for internet fame and glory? Who knows. I don't think it really matters. There is more than enough evidence to get the matter followed up.

[rachel]

this is so disgusting and cruel >< but we've been over that...
i'm glad you guys in the area are pushing to have something done! its teenagers like these that mean we cant go anywhere without people thinking we're stealing, about to steal something or going to kill or hurt something or someone *glare*

[Scotts1au]

I've been looking around and haven't been able to find a satisfactory explanation of the role of the various agencies, ie. who has primacy in this sort of case. Clearly RSPCA have prosecution powers in Vic, not sure about Qld, although even on their own website they mention that their prosecution rate is low relative to the number of reports.

I have requested clarification. Either way as you suggest Blueyphile, I'm not expecting a prosecution in this case because they are minors (yeh it sucks) - maybe if they killed a Koala at Halls Gap but am expecting to scare the poo out of them. I certainly would not concede a non prosecution outcome as a negotiating position.

[Blotch]

I think you've missed the point. If it hasn't been reported to the Victorian police, then the relevant authorities have not been notified.

Note that the RSPCA is not an "authority" -- it is a non-profit, private charitable organisation that has no policing powers. If the RSPCA wants to get a law enforcement order, they rely on the police and the courts like everyone else.

Even government department such as National Parks and Wildlife have very limited policing powers -- usually limited to to ranger activity in National Parks etc.

In short, you can tell it to the RSPCA, a government dept, your local member, your teacher, your priest or your mother -- but until it gets reported to the police, there can be no law enforcement.

Also, even though I think the video is disgraceful, why no-one has questioned why the bluey is sitting perfectly still on the wood amazes me. The bluey could already be dead. Either way, it doesn't set a good example, and people putting this type of stuff on the net is rediculous, as it gives other kids stupid ideas. Even if it was dead, when the authorities catch up with the kids, I'm sure the fact that they have originally said it's alive and they are killing it is gonna work against them.

If the lizard is already dead by the time they had started shooting the video, is it because the kids had already killed it before they thought to make a video for internet fame and glory? Who knows. I don't think it really matters. There is more than enough evidence to get the matter followed up.

I haven't missed any points, to the contrary, as Scott has stated - The RSPCA DOES have prosecution powers in Victoria. So it actually HAS been reported to the appropriate authorities. Different states have different laws.

In regards to the rest of your reply, well I think My posts have clearly stated that we are in agreement. Lets hope they get what they deserve huh?

[yankeefan]

I say we tie him up, put him on a see saw and see how he flies...... and post it on HIS myspace! I always get a look when I say I like animals better than people......

[blueyophile]

I haven't missed any points, to the contrary, as Scott has stated - The RSPCA DOES have prosecution powers in Victoria. So it actually HAS been reported to the appropriate authorities. Different states have different laws.

Blotch,

We are on the same side on this, clearly. The RSPCA is Victoria has an Inspectorate division that has limited powers to issue fines under the Prevention of Cruelty to Animals Act -- and that's it. It has no power to enforce any other law in any way. So it cannot, for example, enforce a breach of the Wildlife Act I referred to above.

The Victorian police force, on the other hand, have to power to enforce
_any_ law in the state of Victoria. They also have a lot more resources to do it.

Do you know how many people make up the entire Inspectorate division of the Victorian RSPCA?

Sixteen people. For the entire state of Victoria. "The Inspectorate currently employs sixteen inspectors two of which are senior inspectors, eight located in Melbourne and six in rural Victoria. RSPCA Inspectors in Victoria are based in Geelong, Ballarat, Bendigo, Wangaratta, Bairnsdale, Peninsula and Melbourne." (From the Vic RSPCA site http://www.rspcavic.org/rspca_services/inspectorate.htm )

I would say they are busy people. Given their limited powers, and their extremely limited resources, do you still feel that the RSPCA is going to be your best bet for getting this matter acted upon? At the very least, wouldn't you think it sensible to cover the bases with a complaint directly to the police?

That's why I have to respectfully disagree that notifying the RSPCA represents reporting to the "relevant authority" in this situation.

[thesilverbeast]

I think the name of the school needs to be noted.

obviously not publicly but at least we know how to track them if we take it to the police.


we can say "SCHOOL X" has identified the offenders and will be able to name who they are. the police can then contact the school... get a confession or whatever from the boys and the video from us and/or myspace and deal with it from there.